S T A T E O F N E W Y O R K
________________________________________________________________________
7265
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Housing
AN ACT to amend the public housing law, in relation to directing the
commissioner of housing and community renewal to conduct annual audits
of compliance with the affordable New York housing program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14 of the public housing law is amended by adding a
new subdivision 8 to read as follows:
8. THE COMMISSIONER SHALL CONDUCT AN ANNUAL AUDIT OF THE AFFORDABLE
NEW YORK HOUSING PROGRAM ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED
TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW TO MEASURE COMPLIANCE WITH THE
REQUIREMENTS OF SUCH SECTION. THE AUDIT SHALL REVIEW PROPERTIES WHICH
RECEIVE BENEFITS PURSUANT TO THE AFFORDABLE NEW YORK HOUSING PROGRAM TO
CONFIRM THAT OWNERS OF SUCH PROPERTIES ARE COMPLYING WITH THE RENT
REGISTRATION, AFFORDABILITY, RENT OVERCHARGE AND APPLICATION REQUIRE-
MENTS OF SUCH PROGRAM. THE AUDIT SHALL ALSO REVIEW UNITS WITHIN THE
GEOGRAPHIC EXCLUSION AREA, INCLUDING ANY EXPANDED GEOGRAPHIC EXCLUSION
AREAS, SUCH AS THE ONE ADDED IN TWO THOUSAND SEVEN, TO ENSURE COMPLIANCE
WITH THE AFFORDABILITY REQUIREMENTS. THE COMMISSIONER SHALL PUBLISH THE
RESULTS OF THE AUDIT ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST AND
SHALL MAKE SUCH RESULTS PUBLICLY AVAILABLE ON THE DIVISION'S WEBSITE.
THE INITIAL AUDIT SHALL BE COMPLETED BY THE COMMISSIONER, IN CONSULTA-
TION WITH THE STATE COMPTROLLER, AND SHALL INCLUDE ALL PROPERTIES WHICH
ARE RECEIVING OR HAVE RECEIVED BENEFITS PURSUANT TO THE AFFORDABLE NEW
YORK HOUSING PROGRAM OR PRIOR PROGRAMS ESTABLISHED PURSUANT TO SECTION
FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW; PROVIDED, HOWEV-
ER, THAT ALL SUBSEQUENT AUDITS NEED ONLY INCLUDE PROPERTIES WHICH
RECEIVED BENEFITS DURING THE PRIOR YEAR. IN THE EVENT THAT THE AFFORDA-
BLE NEW YORK HOUSING PROGRAM IS TERMINATED OR OTHERWISE DISCONTINUED, A
FINAL AUDIT OF THE PROGRAM SHALL BE SUBMITTED ONE YEAR AFTER SUCH TERMI-
NATION OR DISCONTINUANCE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10443-04-1